295 Implementation Measures of Shenzhen Special Economic Zone on the Exhaust Pollution Tests and Compulsory Maintenance of Motor Vehicles Currently in Use

Decree of Shenzhen Municipal People’s Government 

No. 168 

    The Implementation Measures of Shenzhen Special Economic Zone on the Exhaust Pollution Tests and Compulsory Maintenance of Motor Vehicles Currently in Use was adopted at the sixty-third executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of December 1, 2007. 

Xu Zongheng, Mayor 

July 20, 2007 

Implementation Measures of Shenzhen Special Economic Zone on the 

 Exhaust Pollution Tests and Compulsory Maintenance of Motor  

Vehicles Currently in Use 

Chapter 1   General Provisions 

    Article 1   In order to prevent and control the exhaust pollution of motor vehicles currently in use and protect and improve the atmospheric environment, these Measures are formulated according to the Regulations of Shenzhen Special Economic Zone on the Prevention and Control of the Exhaust Pollution of Motor Vehicles and other relevant laws and regulations. 

　　Article 2   These Measures are applicable to the exhaust pollution tests and compulsory maintenance of motor vehicles currently in use (hereinafter the “motor vehicles”) registered in Shenzhen and motor vehicles registered elsewhere traveling in Shenzhen Special Economic Zone. 

　　Article 3   The exhaust pollution tests referred to in these Measures include regular tests, irregular tests and retests of the exhaust pollution of motor vehicles. 

　　Regular tests refer to the tests of the exhaust pollution of motor vehicles conducted at the scheduled times; irregular tests include road inspection, random inspections and the tests of vehicles allegedly emitting black smoke; retests are the exhaust pollution tests conducted after the maintenance of the motor vehicles that have failed to pass the regular tests and irregular tests. 

　　Article 4   The compulsory maintenance referred to in these Measures means the examination and repair operation for the purpose of the prevention and control of exhaust pollution of motor vehicles that have failed to pass the exhaust tests in order to bring the exhaust purification function of motor vehicles themselves into full play.  

　　Article 5   The units responsible for regular tests of the exhaust pollution of motor vehicles referred to in these Measures (hereinafter the “regular test units”) are the units commissioned by the administrative departments of environmental protection to conduct tests of the exhaust pollution of motor vehicles. 

　　The units responsible for the compulsory maintenance of vehicles that emit pollutants (hereinafter the “compulsory maintenance units”) are the motor vehicle repair units qualified to repair the entire motor vehicle or the engine, registered with the municipal administrative department of traffic control (hereinafter the “municipal traffic control department”), and responsible for carrying out the examination and repair operation for motor vehicles that have failed to pass the exhaust pollution tests according to the provisions. 

　　Article 6   The municipal administrative department of environmental protection (hereinafter the “municipal department of environmental protection”) shall carry out integrated supervision and management of the exhaust pollution tests and compulsory maintenance of motor vehicles. Its duties are as follows: 

　　(1) Formulating the methods of the tests of the exhaust pollution of motor vehicles, setting the limits of exhaust pollution, laying down the technical standards of exhaust pollution, and implementing them after obtaining the approval of the relevant departments according to the provisions; 

　　(2) Conducting regular tests, irregular tests and retests of the exhaust pollution of motor vehicles, and ordering compulsory maintenance of the motor vehicles that have failed to pass the exhaust pollution tests; 

　　(3) Issuing the certificates for passing the test of the exhaust pollution of motor vehicles (hereinafter the "certificates for passing the test”); 

　　(4) Releasing the list of the regular test units and carrying out the supervision and management of the exhaust tests of the regular test units; 

　　(5) Carrying out the evaluation of the effectiveness of the exhaust pollution tests and compulsory maintenance of motor vehicles, and announcing the results to the public regularly. 

　　Article 7   The Municipal Government and other relevant administrative departments shall perform the following duties while carrying out the supervision and management of the exhaust pollution tests and compulsory maintenance of motor vehicles: 

　　(1) The traffic control department of the municipal bureau of public security (hereinafter the “traffic control department of the municipal public security bureau”) shall conduct road inspection and investigate and deal with the motor vehicles traveling on the road without effective certificates for passing the test or temporary travel permits, the motor vehicles discharging a large amount of exhaust and traveling in the restricted areas, the vehicles allegedly emitting black smoke that have not been tested within the time limit according to the provisions, and the motor vehicles registered elsewhere that have not been compulsorily maintained and passed the retests; 

　　(2) The municipal traffic control department is responsible for registering the compulsory maintenance units and releasing the list thereof, carrying out the supervision and management of the compulsory maintenance units according to the technical standards of the compulsory maintenance of motor vehicles that emit pollutants, evaluating the operation of the compulsory maintenance units regularly, and announcing the results to the public. The technical standards of the compulsory maintenance of motor vehicles that emit pollutants shall be formulated by the municipal traffic control department along with the municipal administrative department of quality and technical supervision (hereinafter the “municipal department of quality and technical supervision”); 

　　(3) The municipal department of quality and technical supervision and the municipal department in charge of pricing shall carry out supervision and management for the implementation of the system of the exhaust pollution tests and compulsory maintenance of motor vehicles according to their respective duties and the law. 

　　Article 8   The municipal department of environmental protection shall formulate the standards of the data and information of the exhaust pollution tests and compulsory maintenance of motor vehicles, establish the management system of the data and information of the exhaust pollution tests and compulsory maintenance of motor vehicles (hereinafter the “data and information system”), and set up and improve the system of regular contact and coordination for the prevention and control of the exhaust pollution of motor vehicles along with the traffic control department of the municipal public security bureau and the municipal traffic control department. 

　　The municipal department of environmental protection, the traffic control department of the municipal public security bureau and the municipal traffic control department shall transmit the data related to the exhaust pollution tests and compulsory maintenance of motor vehicles in real time according to the requirements of the standards of the data and information of the exhaust pollution tests and compulsory maintenance of motor vehicles, and share the database. 

Article 9   If the exhaust pollution of a motor vehicle tested is above the prescribed standard, the motor vehicle shall not travel on the road. 

Chapter 2   Exhaust Pollution Tests and Compulsory Maintenance 

　　Article 10   Motor vehicles must be tested regularly according to the provisions. Regular exhaust pollution tests shall be conducted for the motor vehicles included in the catalogue of motor vehicle models that emit a large amount of exhaust, and those for urban public transportation and road passenger transportation every six months, and regular exhaust pollution tests shall be conducted for other motor vehicles every year. 

　　Article 11   If a motor vehicle passes a regular test, the municipal department of environmental protection shall issue the certificate for passing the test. 

　　All the certificates for passing the test shall be produced by the municipal department of environmental protection, and they shall not be transferred, lent, altered or forged. The overdue certificates for passing the test shall not be used. 

　　Article 12   The traffic control department of the municipal public security bureau shall conduct exhaust pollution tests for motor vehicles traveling on the road together with the municipal department of environmental protection. 

　　Article 13   The municipal department of environmental protection may conduct random inspection of exhaust pollution for the motor vehicles at the parking place, and may issue the Notice of the Random Inspection of Motor Vehicle Exhaust to the motor vehicle user or owner. 

　　The motor vehicle user or owner shall accept the exhaust pollution test within ten working days after the receipt of the Notice of the Random Inspection of Motor Vehicle Exhaust. 

　　Article 14   The municipal department of environmental protection shall issue the Notice of the Motor Vehicle Exhaust Test to the owner of user of the motor vehicle allegedly emitting black smoke together with the traffic control department of the municipal public security bureau or the municipal traffic control department according to the law. 

　　The motor vehicle user or owner shall accept the exhaust pollution test within seven working days after the receipt of the Notice of the Motor Vehicle Exhaust Test. 

　　Article 15   During the regular and irregular inspections, the motor vehicle owner or user shall provide the relevant information including the correct telephone number and address. 

　　The inspection units and compulsory maintenance units shall keep secret the information and materials provided by the motor vehicle owner or user. 

　　Article 16   If a motor vehicle fails to pass the inspection, the municipal department of environmental protection shall issue the Notice of Shenzhen City on Compulsory Maintenance of the Motor Vehicles Currently in Use that Emits Pollutants (hereinafter the “Compulsory Maintenance Notice”) and order the motor vehicle owner or user to carry out the compulsory maintenance of the motor vehicle that emits pollutants. 

　　The motor vehicle owner or user shall send the motor vehicle to the compulsory maintenance unit within five days after the service of the Compulsory Maintenance Notice, and the compulsory maintenance unit shall examine and repair the motor vehicle that emits pollutants and retest the motor vehicle after the completion of the maintenance. 

　　The municipal department of environmental protection shall cancel the certificate for passing the test on the sixth day after the service of the Compulsory Maintenance Notice, and the vehicle that has failed to pass the test shall not travel on the road after the date of cancellation. 

　　Article 17   If the motor vehicle owner or user refuses to sign the Compulsory Maintenance Notice or the Notice of the Motor Vehicle Exhaust Test cannot be served due to the errors and omissions made by the motor vehicle owner or user while registering the information, the municipal department of environmental protection shall release the notice on the websites of Shenzhen People’s Government Online and the municipal department of environmental protection to serve the notice. The day after the release of the notice shall be the date of service. 

　　Article 18   When the compulsory maintenance unit receives a motor vehicle, it shall add the relevant information of the vehicle to be repaired to the data and information system and issue a certificate for receiving the vehicle. 

　　Article 19   The compulsory maintenance unit shall issue the certificate of maintenance for the prevention and control of exhaust pollution (hereinafter the “maintenance certificate”) for the motor vehicle that has been compulsorily maintained. 

　　Article 20   If the repair of a motor vehicle is stopped after the completion of the compulsory maintenance and during the compulsory maintenance or a choice is made to stop the repair of a motor vehicle when it fails to pass the test after the completion of the maintenance, the compulsory maintenance unit shall apply to the municipal department of environmental protection to carry out the temporary travel procedures for the motor vehicle and provide the materials related to the repair. 

　　The motor vehicle owner or user may also apply to the municipal department of environmental protection directly to carry out the temporary travel procedures for the motor vehicle, and shall not apply more than three times during the compulsory maintenance. 

    Article 21   The municipal department of environmental protection shall make a decision within one working day after receiving the application to carry out the temporary travel procedures. 

　　 The term of validity of each temporary travel permit is 48 hours. If the temporary travel permit is obtained for a motor vehicle, it may travel on the road within the term of validity. 

　　Article 22   If the repair of a motor vehicle is stopped during the compulsory maintenance or a choice is made to stop the repair of a motor vehicle when it fails to pass the test after the completion of the maintenance, another compulsory maintenance unit may be chosen to carry out the maintenance. 

　　Article 23   The motor vehicle that has been compulsorily maintained shall be retested after the maintenance certificate is provided; if the motor vehicle passes the retest, the municipal department of environmental protection shall issue the certificate for passing the test again and the motor vehicle may travel on the road thereafter. 

　　Article 24   If a motor vehicle registered elsewhere traveling in Shenzhen Special Economic Zone fails to pass the test, the municipal department of environmental protection shall issue the Compulsory Maintenance Notice for the vehicle. 

　　The owner or user of a motor vehicle registered elsewhere shall send the motor vehicle to the compulsory maintenance unit within five days after the receipt of the Compulsory Maintenance Notice, and the compulsory maintenance unit shall repair the motor vehicle that emits pollutants. When the motor vehicle passes the retest after the completion of the maintenance, it may travel on the road. 

　　The temporary travel procedures for motor vehicles registered elsewhere shall be carried out according to the provisions of Article 20 and Article 21 of these Measures. 

     Article 25   During the regular test and compulsory maintenance, all the regular test units and compulsory maintenance units shall issue certificates automatically generated by the data and information system and shall not issue false certificates. 

Chapter 3   Supervision and Management 

　　Article 26   The regular test units shall observe the following provisions: 

　　(1) Without the consent of the municipal department of quality and technical supervision, the test site shall not be relocated and the models, parameters, locations and uses of the testing equipment, instruments and relevant supporting facilities shall not be changed; 

　　(2) The testing equipment and instruments shall be used after they pass the regular tests according to the provisions; 

　　(3) The tests shall be conducted according to the prescribed methods of the tests of the exhaust pollution of motor vehicles and the technical standards of the tests; 

　　(4) They shall make public the test qualifications, systems, procedures and methods, the limits of exhaust, charging standards and the telephone numbers for supervision and complaints; 

　　(5) They shall install video monitoring equipment and ensure that the test data and video pictures of the motor vehicles will be transmitted to the municipal department of environmental protection in real time. 

　　Article 27   The compulsory maintenance units shall observe the following provisions: 

 (1) The maintenance of the motor vehicles that emit pollutants shall be carried out according to the technical standards of the compulsory maintenance of relevant motor vehicles, and the system of quality guarantee period shall be implemented; 

　　(2) They shall make public the qualifications to carry out the maintenance, systems, procedures, charging standards and the telephone numbers for supervision and complaints; 

　　(3) They shall ensure that the data of the maintenance of the motor vehicles that emit pollutants will be transmitted to the data and information system in real time. 

　　Article 28   The regular test units shall not carry out the compulsory maintenance of the motor vehicles that emit pollutants, and the compulsory maintenance units shall not conduct the regular tests. 

　　Article 29   The municipal department of environmental protection shall immediately feed the information into the data and information system such as the issuance and cancellation of the certificates for passing the test, the issuance of the Compulsory Maintenance Notice, the ratification of the temporary travel permits, the motor vehicles allegedly emitting black smoke that have not been tested within the time limit according to the requirements of the Notice of the Motor Vehicle Exhaust Test and the catalogue of motor vehicle models that emit a large amount of exhaust, and transmit the information to the traffic control department of the municipal public security bureau and the municipal traffic control department. 

The traffic control department of the municipal public security bureau shall perform the duties provided in Article 7 (1) of these Measures according to the law by using the system for automatic identification of the number plates of motor vehicles, and transmit the information about the motor vehicles investigated and dealt with to the municipal department of environmental protection within three working days. 

Chapter 4   Legal Liabilities 

　　Article 30   Where a motor vehicle travels on the road with transferred, borrowed, altered, forged or overdue certificate for passing the test in violation of the provisions of Article 11 (2) of these Measures, the traffic control department of the municipal public security bureau shall impose a fine of RMB 2,000 per vehicle. 

　　Article 31   Where a motor vehicle fails to pass the random inspection, the municipal department of environmental protection shall order compulsory maintenance and impose a fine of RMB 500 per vehicle. 

　　Article 32   Where the random inspection is not accepted according to the requirements of the Notice of the Random Motor Vehicle Exhaust Test and the Notice of the Motor Vehicle Exhaust Test in violation of the provisions of Article 13 (2) and Article 14 (1) of these Measures, the municipal department of environmental protection shall order correction within a time limit and may impose a fine of RMB 500 per vehicle. 

　　Article 33   Where the compulsory maintenance unit does not issue the maintenance certificate without justifiable reasons in violation of the provisions of Article 19 of these Measures, the municipal traffic control department shall order correction and may impose a fine of more than RMB 3,000 and less than RMB 5,000. 

　　Article 34   Where the compulsory maintenance unit provides false repair materials while applying to carry out the temporary travel procedures in violation of the provisions of Article 20 of these Measures, the municipal department of environmental protection shall order correction and may impose a fine of more than RMB 5,000 and less than RMB 10,000. 

　　Article 35   Where the motor vehicles under the following circumstances travel on the road in violation of the provisions of Article 10, Article 11, Article 16 and Article 21 of these Measures, the traffic control department of the municipal public security bureau shall order correction and impose a fine of RMB 1000 per vehicle. 

　　(1) The regular exhaust pollution test has not been conducted according to the provisions or the effective certificate for passing the test has not been obtained; 

　　(2) The temporary travel permit has not been obtained after the cancellation of the certificate for passing the test or the temporary travel permit is overdue. 

　　Article 36   Where the owner or user of a motor vehicle registered elsewhere violates the provisions of Article 24 of these Measures and the vehicle that has not been compulsorily maintained or passed the retest within the time limit according to the provisions travels in Shenzhen again, the traffic control department of the municipal public security bureau shall impose a fine of RMB 1,000 per vehicle and may temporarily seize the motor vehicle to carry out the compulsory maintenance. 

　　Article 37   Where the certificate issued by the regular test unit or the compulsory maintenance unit is not automatically generated by the data and information system or a false certificate is issued in violation of the provisions of Article 25 of these Measures, the municipal department of environmental protection and the municipal traffic control department shall order the regular test unit or the compulsory maintenance unit to make corrections and impose a fine of more than RMB 10,000 and less than RMB 30,000. 

　　Article 38   The municipal department of quality and technical supervision shall investigate and deal with the violations of the provisions of Article 26 (1) and (2) of these Measures according to the law. 

　　Article 39   Where the regular test unit fails to conduct tests according to the prescribed technical standards of the tests in violation of the provisions of Article 26 (3) of these Measures, the municipal department of environmental protection shall order the regular test unit to stop its illegal activity and make corrections within a time limit and may impose a fine of more than RMB 10,000 and less than RMB 50,000; if the situation is serious, the municipal department of environmental protection shall apply to the provincial environmental protection department to revoke the exhaust pollution test licenses of the testers and stop authorizing the test unit to conduct tests. 

　　Article 40   Where the regular test unit fails to make public the qualifications to conduct the tests, systems, procedures, testing methods, the limits of exhaust, charging standards and the telephone numbers for supervision and complaints according to the provisions in violation of the provisions of Article 26 (4) of these Measures, the municipal department of environmental protection shall order correction within a time limit and may impose a fine of RMB 5,000. 

　　Article 41   Where the regular test unit fails to transmit the data and video pictures related to the regular tests to the municipal department of environmental protection in real time in violation of the provisions of Article 26 (5) of these Measures, the municipal department of environmental protection shall order correction within a time limit and may impose a fine of more than RMB 10,000 and less than RMB 30,000. 

　　Article 42   Where the compulsory maintenance unit fails to carry out the maintenance of motor vehicles according to the technical standards of the maintenance of the motor vehicles that emit pollutants in violation of the provisions of Article 27 (1) of these Measures, the municipal traffic control department shall order correction and may impose a fine of more than RMB 5,000 and less than RMB 10000. 

　　Article 43   Where the compulsory maintenance unit fails to make public the qualifications to carry out the maintenance, systems, procedures, charging standards and the telephone numbers for supervision and complaints, the municipal traffic control department shall order correction within a time limit and may impose a fine of RMB 5000. 

　　Article 44   Where the compulsory maintenance unit fails to transmit the relevant information of motor vehicles or the data of the maintenance of the motor vehicles that emit pollutants to the data and information system in real time according to the provisions in violation of the provisions of Article 18 and Article 27 (3) of these Measures, the municipal traffic control department shall order correction within a time limit and may impose a fine of more than RMB 5,000 and less than RMB 10,000. 

　　Article 45   Where the staff of administrative departments including the municipal department of environmental protection and the municipal traffic control department commit one of the following acts, administrative punishments shall be meted out according to the law; if they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law: 

　　(1) Failure to provide connections with the data and information system for the regular test units and compulsory maintenance units that meet the conditions without justifiable reasons; 

　　(2) Failure to make the decision to remove the restrictions on traveling on the road for the motor vehicle that meets the conditions within the prescribed time limit after receiving the application to carry out the temporary travel procedures without justifiable reasons; 

　　(3) Failure to reply to or handle the complaints after receiving telephone calls from the regular test units and compulsory test units that make complaints, causing adverse consequences; 

　　(4) Practicing fraud or favoritism during the exhaust pollution tests and compulsory maintenance of motor vehicles; 

    (5) Other violations of disciplines or laws such as abuse of official capacity and dereliction of duty. 

Chapter 5   Supplementary Provision